An act to amend Section 13956 of the Government Code, and to amend Section 16501.35 of, and to add Section 16012 to to, the Welfare and Institutions Code, relating to sexually exploited children.

LEGISLATIVE COUNSEL'S DIGEST

SB 767, as amended, Atkins.
Sexually exploited children: foster care.

Existing law authorizes, under certain conditions, the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of being a victim of those crimes.

Existing law prohibits an application for a claim for compensation submitted by a victim of human trafficking from being denied solely because a police report was not made by the victim and requires the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish
that a human trafficking crime has occurred. Existing law permits that evidence to include any reliable corroborating information approved by the board, including attestation by a human trafficking caseworker that the individual was a victim of human trafficking.

This bill would also authorize, as reliable corroborating information approved by the board, the inclusion of evidence that a county child welfare caseworker who provides child welfare services has attested by affidavit that the individual was a victim of human trafficking.

Existing law establishes a system of foster care placement for the welfare of the children in foster care and for the safety and protection of the public.

This bill would require
express the intent of the Legislature to authorize, but not require, each county to to, among other things, create a specialized foster family placement protocol for commercially sexually exploited children (CSEC) to provide these victims with safety, treatment, and appropriate services. The bill would require each county services, and to provide an additional stipend and training to CSEC to foster families
and other providers who care for CSEC, and additional training for attorneys and juvenile court judges, as specified. The bill would authorize counties to create CSEC courts and would express the intent of the Legislature that counties use the counties Counties of Los Angeles and Alameda as models for CSEC courts. The bill would express the intent of the Legislature to enact legislation to fund those CSEC courts. By imposing additional duties on local governments, this bill would impose a state-mandated local program.

This bill would require the State Department of Social Services to convene, no later than July 1, 2018, a working group to meet no less than quarterly and to include representatives of county child welfare, mental health, and probation agencies or departments, and organizations that provide placement, treatment, and services for CSEC, for the purpose of developing placement options for these victims, as specified.

Existing law requires the county child welfare agencies and probation departments to implement policies and procedures that require social workers and probation officers to identify, document, determine appropriate services for, and receive relevant training in those duties with respect to, children receiving child welfare services who
are, or are at risk of becoming, victims of commercial sexual exploitation.

This bill would require those local entities to determine appropriate services for those children no later than July 1, 2018. The bill would change the term used to describe those children to CSEC. The bill would also require each county, no later than July 1, 2018, to address in its protocols whether it is appropriate and in the best interest of the child or youth for the county to provide an additional stipend and training to foster family provider placement and other placement providers who care for CSEC. By imposing additional duties on local governments, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 13956 of the Government Code is amended to read:

13956.

Notwithstanding Section 13955, a person shall is not be eligible for compensation under the following conditions:

(a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victim’s or other applicant’s involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.

(1) Factors that may be considered in
determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:

(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.

(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.

(C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her being victimized. However, committing a crime shall not be considered involvement if the victim’s injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision
(d) of Section 261.5 of, the Penal Code.

(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:

(A) The victim’s injuries were significantly more serious than reasonably could have been expected based on the victim’s level of involvement.

(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.

(C) The board shall consider the victim’s age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of
domestic violence under 18 years of age or derivative victim of trafficking human trafficking under 18 years of age shall not be denied on the basis of the denial of the victim’s application under this subdivision.

(b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victim’s or derivative victim’s age, physical condition, and psychological state, cultural or linguistic barriers, any
compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim’s family or the derivative victim or the derivative victim’s family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.

(2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications
for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.

(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual
assault, mental health records, or that the victim received a sexual assault examination.

(4) An application for a claim based on human trafficking as defined in Section 236.1 of the Penal Code shall not be denied solely because no a
police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:

(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.

(B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code,
or a county child welfare caseworker who provides child welfare services, as defined in Section 16501 of the Welfare and Institutions Code, has attested by affidavit that the individual was a victim of human trafficking.

(5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.

(B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:

(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney,
or other military personnel.

(ii) Medical or physical evidence consistent with sexual assault.

(iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.

(iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.

(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.

(vi) A restraining order from a military or civilian court against
the perpetrator of the sexual assault.

(vii) Other behavior by the victim consistent with sexual assault.

(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.

(D) For purposes of this subdivision, the sexual assault may have been committed off base.

(E) For purposes of this subdivision, a “perpetrator” means an individual who is any of the following at the time of the sexual assault:

(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.

(ii) A civilian employee of any military branch
specified in clause (i), military base, or military deployment.

(iii) A contractor or agent of a private military or private security company.

(iv) A member of the California National Guard.

(F) For purposes of this subdivision, “sexual assault” means an offense included in Section 261, 262, 264.1, 286, 288a, or 289 of the Penal Code, as of the date the act that added this paragraph was enacted.

(c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may
shall not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation be granted to an applicant pursuant to this chapter during any period of time the applicant is held in a correctional institution, or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.

(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph
(1).

SECTION 1.SEC. 2.

Section 16012 is added to the Welfare and Institutions Code, to read:

16012.

(a) Each county shall create It is the intent of the Legislature to authorize, but not require, each county to do the following:

(1) Create a specialized foster family placement protocol for commercially sexually exploited children (CSEC) that will provide these victims with safety, treatment, and appropriate services.

(b)Each county shall provide

(2) Provide an appropriate additional stipend to foster family providers and other placement providers who care for CSEC. Caregiver eligibility for the CSEC stipend is contingent upon meeting specialized training requirements as determined by the county. The specialized training requirements shall specify the number of hours and subject matter that the training will entail.

(c)Each county
shall provide

(3) Provide appropriate CSEC training, as determined by the county, for dependency attorneys and juvenile court judges. Attorneys who represent CSEC shall would complete a specified number of hours of continuing education training specific to CSEC as determined by the county. Each county shall, would, as soon as
practicable, cap limit the CSEC caseload for an attorney who represents CSEC at to 50 clients.

(d)Each county may create

(4) Create a CSEC court.

(e)

(b) (1) It is the intent of the Legislature that a county that intends to create creates a court specifically for CSEC
CSEC, as described in subdivision (a), use the successful courts developed for that purpose in the County of Los Angeles and the County of Alameda as models. It is further the intent of the Legislature to enact legislation to provide funding for CSEC courts.

(2) The State Department of Social Services shall convene, no later than July 1, 2018, a working group to meet no less than quarterly and to include representatives of county child welfare, mental health, and probation agencies or departments, and organizations that provide placement, treatment, and services for CSEC, for the purpose of developing placement options to ensure that these victims will receive appropriate treatment and other needed services in a safe environment that supports their healing, including identifying and addressing any
barriers to placement with resource families and licensed community care facilities for those purposes.

(3) The Legislature finds and declares that the information regarding CSEC and the identification of barriers and challenges to preventing their exploitation and serving their needs in the report required by Section 16524.10 should result in amendments to current law.

SEC. 3.

Section 16501.35 of the Welfare and Institutions Code is amended to read:

16501.35.

(a) On or before September 29, 2016, county child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do all of the following:

(1) Identify children receiving child welfare services, including dependents or wards in foster care, nonminor dependents, and youth receiving services pursuant to Section 677 of Title 42 of the United States Code, who are, or are at risk of becoming, victims of commercial sexual exploitation. commercially sexually exploited children (CSEC).

(2) Document individuals identified pursuant to paragraph (1) in the Child Welfare Services/Case Management System and any other agency record as determined by the county.

(3) Determine Determine, no later than July 1, 2018, appropriate services for the child or youth identified pursuant to paragraph (1). and placements for CSEC.

(4) Receive relevant training in the identification, documentation, and determination of appropriate services for any child or youth identified in paragraph (1).
CSEC. Each county shall also, no later than July 1, 2018, address in its protocols whether it is appropriate and in the best interest of the child or youth for the county to provide an additional stipend and training to foster family provider placement and other placement providers who care for CSEC.

(b) County child welfare agencies and probation departments shall develop and implement specific protocols to expeditiously locate any child missing from foster care. At a minimum, these policies shall do all of the following:

(1) Describe the efforts used by county child welfare or probation staff to expeditiously locate any child or nonminor dependent missing from care, including, but not limited to, the timeframe for reporting missing youth, the individuals or entities entitled to notice that a youth is missing, any required initial and
ongoing efforts to locate youth, and plans to return youth to placement.

(2) Require the social worker or probation officer to do all of the following:

(A) Determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care.

(B) Respond to factors identified in paragraph (2) in subsequent placements, to the extent possible.

(C) Determine the child’s or nonminor dependent’s experiences while absent from care.

(D) Determine whether the child or nonminor dependent is a possible victim of commercial sexual exploitation.
may come within the description of CSEC.

(E) Document the activities and information described in subparagraphs (A) to (D), inclusive, for federal reporting purposes, consistent with instructions from the department.

(c) In consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, former foster youth, and child advocacy organizations, the department shall develop model policies, procedures, and protocols to assist the counties to comply with this section. In addition, the department shall consult with the California Department of Education, the State Department of Health Care Services, state and local law enforcement, and agencies with experience serving children and youth at risk of commercial sexual exploitation
coming within the description of CSEC in the development of the model policies and procedures described in subdivision (a).

(d) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters or similar instructions until regulations are adopted.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 4.

To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to
Section 6 of Article XIII B of the California Constitution.